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EX PARTE ALA. DEPT. OF FORENSIC SCIENCES

1961759.

709 So.2d 455 (1997)

Ex parte ALABAMA DEPARTMENT OF FORENSIC SCIENCES and State Medical Examiner Gregory P. Wanger. (In re Bettie SMITH, et al. v. Gregory P. WANGER, M.D., et al.).

Supreme Court of Alabama.

Rehearing Denied January 16, 1998.

Attorney(s) appearing for the Case

Bill Pryor, atty. gen., and Stanley E. Graham and Alice Ann Byrne, asst. attys. gen., for petitioners.

Randolph B. Walton of Walton, Ritchie & Green, L.L.C., Mobile, for respondents.

PER CURIAM.

The defendants, the Alabama Department of Forensic Sciences ("the Department") and State Medical Examiner Dr. Gregory P. Wanger, petition for a writ of mandamus directing Judge Edward B. McDermott, of the Mobile Circuit Court, to grant their Rule 12(b)(6), Ala. R. Civ. P., motion to dismiss the complaint against them. They claim to be entitled to the dismissal, based upon the defenses of sovereign immunity and qualified immunity, relying on § 14,...

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